Richard Rieser worldofinclusion

1. NNATPIP Annual ConferencePolicy and Research Update : Where are we with developing disability equality? Richard Rieser www.worldofinclusion.com

2. Who are disabled people? • Disability Discrimination Act Definition of disability • 1. “A person has a disability if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.” - Part 1, Para. 1.1. • For the purposes of definition, ignore the effects of medical or other treatments or aids and appliances.

3. PLASC Data England 2008 by type of school & impairment School Action 365,130 18.4% of all secondary pupils 485,260 primary pupils 19.2% + Those with Medical Needs- e.g. Diabetes, Asthma, Allergy + Those with Mental Health Issues e.g. Depression Eating Disorders Self- Harmers

4. Single Equalities Bill 2009 Part 5A: Disability equality scheme Disability Equality Duty Part 2: employment Part 3: services Part 4: education Part 1: definition of disability

5. Disability Amendment Act 2005 Duty to Promote Disability Equality When carrying out their functions public authorities must have due regard to the need to: Promote positive attitudes towards disabled persons Encourage participation by disabled persons in public life Promote equality of opportunity Eliminate disability related harassment Eliminate unlawful discrimination The use of positive discrimination if necessary Every state school needs a Disability Equality Scheme to show how implementing this duty. Secondary from Dec 06 Primary Dec 07

6. Guiding Principles Disability Equality Duty • Proportionality- balance other needs and factors • Effectiveness-it works • Involvement- local disabled people, staff and service users • Transparency- process can and expenditure be easily tracked • Social Model of Disability thinking to ethos and all policies , practices and procedures…

7. Disability Equality Scheme • How the school will implement General Duty? • Engagement with disabled people in production, setting targets and monitoring of the scheme. • How it meets with the strategic priorities of the school. ? • How the school will collect and analyse data e.g.: - achievement of disabled pupils, - exclusions, - staff recruitment and promotion? • Impact assess the policies, practices and procedures on disabled people. • Identify key outcomes put in Action Plan • Revisited yearly • Revised every three years- Secondary Autumn2009. • Must be displayed on Local Authority website (Lamb April 2009)

8. What has been happening with school DESs ? • MENCAP study 40 schools from 9 LAs only 7 provide a scheme or draft on request and only 1 met legal requirement and 1 on website. • DEE carried out research for Secretary of States Report. Analysed 50 primary and 26 secondary schemes against legal requirements. None met all legal requirements but 3 primary and 1 secondary were reasonable. Most had been copied from templates

9. Analysis of 50 Primary Disability Equality Schemes against Evaluation Tool. A score of 50 would mean the school was fulfilling its statutory obligations.

10. Key points from analysis of schemes • Most schemes were inadequate • Process is more important than a finished scheme • Engagement of disabled children and adults is the key • Systematic approach to impact assessment led by SMT • Most schemes in ‘silo’ rather than connecting to other policies and procedures • Position of disabled staff too often not taken into account • Few schools analysed data • Schools had difficulties with engaging • Procurement was not included in the main • Few linked to capital budget and Building Schools for Future • Few used a ‘Social Model’ approach to disability

11. Existing Duties • The school duties are laid out in a Code of Practice for Schools www.equaalityhumanrights.com/en/publications andresources/disability/pages/education.aspx • Makes it unlawful to discriminate against disabled pupils and prospective pupils in admissions, in education and associated services and in exclusions; • Duty not to treat less favourably • Reasonable Adjustment Duty • Requirement on schools to develop an access plan • SEN and Disability Tribunal, order apologies and make orders (but not impose fines).

12. Eliminating Unlawful Discrimination • Report did not ask enough about the Reasonable Adjustment Duty. Too many schools are in breach of the Duty. • SENDIST has found against schools on:- • assumptions about disabled pupils • risk assessments • administration of medicines • school trips • behaviour related to disability • bullying and isolation from peers • access to the curriculum • admissions

13. Duty to Promote Disability Equality

14. Reasonable Adjustments for Behaviour Difficulties • Differentiated Behaviour Policy • Positive Behaviour Policy • Pupil Involvement in Developing the Policy • Where pupil may be disabled extra loop in policy • Early Intervention • Peer Support • Involvement CAMHS • Whole school and consistent approach

15. School Trips • School Policy- all entitled to go attend the trip • Pre-visits by staff to check Access • If not OK consider changing venue • Check Transportation to Trip • Exclusion from trip should not be used as a punishment • Provide the right support • Plan well ahead.

16. Risk Assessment • Identifying Risks is only first step. • Under Reasonable Adjustment Duty must then see what reasonable adjustments can be made • Cannot have blanket policies • Each disabled person must be examined in the particular circumstances of the particular situation. • E.g. Manual lifting and fire evacuation of ambulant impaired.

17. Disabled Children and Bullying • Twice as likely as non-disabled children to be bullied- Children’s Commissioner Dec 2006 • 82% of children and young people with learning difficulty in UK are bullied-this is 280,000 children. MENCAP-Don’t Stick It Stop It 2007 • Disabled Children are 9 times more likely to be excluded than non disabled children DfES 2004 • 62% of disabled pupils had been bullied, 19% daily or weekly and 38% at least once per month. DEE in work for DCSF in July 2008 • 70% of disabled pupils claim to have experienced bullying at school. DCSF Sec States Report Dec 2008

18. Elimination of Disability Related Harassment • The SoS Report says over 70% disabled young people report bullying compared to 30% of non-disabled. • [http://209.85.229.132/search?q=cache:thWyY-3ryzcJ:www.dius.gov.uk/publications/documents/Corporate/Equality%2520and%2520Diversity/D] • Bullying is, and is perceived to be, a significant barrier for disabled children and young people. DCSF guidance on reducing and responding to bullying of disabled children, published in 2008, has been widely welcomed. • [http://www.teachernet.gov.uk/_doc/12626/7655-dcfs-anti-bullying.pd]

19. Bullying and Disability What needs to be done! • Create a school culture that does not accept bullying-Respect • Monitor and record all incidents. • Develop an understanding of oppression and its impact historically. • Develop an understanding of what disabilist bullying leads to. • If an incident occurs stop the lesson to discuss it • Fully involve pupils-peer mediators, bully busters, Form and Year Councils • Staff to model the behaviour they expect • Share what you are doing with local community and parents.

20. 123 Disabled Pupils answered Individual Questionnaire in July 2008 10 Locations including pupils from 5 special schools 5 primary schools , 2 secondary academies and 14 secondary comprehensive schools. • Have you ever experienced bullying • at school Yes 64.5% • No 35.5% • If Yes, how often? • Every day 19.5% • More than once a week > 18% • More than once a month> • More than once a year > 18% • Hardly ever > Variability over 10 locations Range Every Day 0% to 50% More than monthly 0% to 38% Less Frequently 0% to 50%

21. Hate Crimes against disabled people are more common than you think! 20 people killed in the last 2 years. 47% disabled people report harassment in the streets. Craig Robbins had learning difficulty and was viciously attacked leading to brain damage by three people- Wales Kevin Davies who had epilepsy was kept in a shed for four months until he died/ Wigan Rikki Judkins with Learning Difficulties beated to death by two teenagers when visiting Lancaster Raymond Atherton a man with learning difficulties repeatedly attacked and eventually killed by 2 teenagers after months of torture . Warrington

22. The dominant view is the Medical Model. CHILD DEVELOPMENT TEAM SPECIALISTS SOCIAL WORKERS DOCTORS SURGEONS GPs THE IMPAIRMENT IS THE PROBLEM SPECIAL TRANSPORT SPEECH THERAPISTS EDUCATIONAL PSYCHOLOGISTS OCCUPATIONAL THERAPISTS SPECIAL SCHOOLS SHELTERED WORKSHOPS TRAINING CENTRES BENEFITS AGENCY DISABLED PEOPLE AS PASSIVE RECEIVERS OF SERVICES AIMED AT CURE OR MANAGEMENT

23. TheSocial Modelof disablement focuses on the barriers LACK OF USEFUL EDUCATION DISCRIMINATION IN EMPLOYMENT INACCESSIBLE ENVIRONMENT SEGREGATED SERVICES THE STRUCTURES WITHIN SOCIETY ARE THE PROBLEM DE-VALUING POVERTY ‘BELIEF’ IN THE MEDICAL MODEL PREJUDICE INACCESIBLE TRANSPORT INACCESSIBLE INFORMATION DISABLED PEOPLE AS ACTIVE FIGHTERS FOR EQUALITY WORKING IN PARTNERSHIP WITH ALLIES.

24. Medical and Social Model Thinking applied to education[1] [1] Adapted from Micheline Mason 1994, Altogether Better, Comic Relief & R. Rieser 2000

25. It's the barriers that disable ! Negative Attitudes Inaccesible Environments Bullying Use of Resources Poor Peer Support Inflexible Curriculum Lack of Communication Ignorance Lack of Role Models Fear Poor Teaching Low Expectations

26. An analysis was carried out that allocated the barriers identified by the disabled young people to one of seven themes, as shown above. 182 barriers were identified by the participants these were grouped in descending order.

28. Making Reasonable Adjustments for disabled pupils • Sent out 9000 schools. Received nearly 400 nominations • 54 LEA’s nominated schools • Chose a mix of schools • Visited 41 schools for filming-3DVDs & CD Rom • Gained many examples of reasonable adjustments • Now available 1 free copy per school. You have to send & for it. Implementing the Disability Discrimination Act in Schools and Early Years • Ref 0160-2006DOC-EN Tel. 084560 222 60 • Online www.teachernet.gov.uk/publications

29. Factors that support the development of good inclusive practice • vision and values based on an inclusive ethos • a ‘can do’ attitude from all staff • a pro-active approach to identifying barriers and finding practical solutions • strong collaborative relationships with pupils and parents • a meaningful voice for pupils • a positive approach to managing behaviour • strong leadership by senior management and governors • effective staff training and development • the use of expertise from outside the school • building disability into resourcing arrangements • a sensitive approach to meeting the impairment specific needs of pupils • regular critical review and evaluation • the availability of role models and positive images of disability

30. Promote positive attitudes towards disabled persons • Recommendation to QCA to bring social model and disability into the curriculum and consider having a disability week. Start yourselves now • Recent study from the Children’s Society show while covered in PHSE/Citizenship quite widely not in all curriculum areas. • All School staff need Disability Equality Training and pupils assemblies delivered by disabled people.

31. Promoting Positive Attitudes to Disabled People • Make sure disability is covered in a positive way in all parts of the curriculum. e.g. Art, History, Geography, Science • Gather examples from national press and media –use in displays • Relate to TV –Pete on Big Brother-Tourettes • Alison Lapper Trafalgar Square • Help pupils critiques stereotypes English • Use a social model approach-identify barriers • Examine ethical issues from a human rights perspective • Ensure hidden curriculum is disability friendly • Challenge disabilism • Develop strong self esteem in disabled pupils • Examine ideas of Universal Design in ICT and D&T

32. Gradients-What is the right angle for as wheelchair? Too steep-dangerous Too gentle-tiring Answer -Between 1 in 20 and 1 in 12

33. KS 2 English Attainment by Impairment Group and amount support 2007* * Maintained schools only. Source DCSF 2008 Attainment Table 73

34. KS 4 Attainment by Impairment Group and amount support 2007* *Maintained schools only. Source DCSF 2008 Attainment Table 74

35. Getting the views of disabled pupils including non-verbal pupils.

36. As a disabled person what do you think of....

37. New Developments • Achievement for All pilots £32m-bottom 25% • OFSTED from September equality and the progress of disabled /SEN children will be a limiting Grade • Aiming High Disabled Children every LA money for short term breaks. How used? • All Schools SEN policies and DES with Accessibility included published on website • National Strategies to monitor and publish reports. • SEF be explicit SEN& Disability • All SIP in mainstream receive training SEN/Disability • Communication and engagement with parents

38. Extending Inclusion Access for disabled children and young people to extended schools and children’s centres: a development manual CDC 2008 Barriers Identified • Consulted with range of parents and disabled young people in 2005/2006 • Lack of information to parents • Lack of appropriate staff training • Lack of flexibility in transport • Attitudes • Funding-partly now addressed by Aiming High for Disabled Children • Physical barriers – competing impairment needs, clutter, parking • http://publications.teachernet.gov.uk/eOrderingDownload/CDC-00186-2008.pdf

39. Extending Inclusion :Solutions • Information about what provided, safety, who to contact and images of provision Tinsley Children’s Centre in Sheffield includes a number of disabled children with a range of impairments and medical conditions. The Centre uses a discussion of risk assessments around children’s medical conditions to both engage and re-assure parents about the ability of the Centre to provide for their child. One parent, who was originally very reluctant to leave her child and thought she would have to give up work, is now leaving her child at the Centre.

40. Extending Inclusion :Solutions Welcoming Attitude and Ethos Broomhall Nursery School and Children’s Centre in Sheffield promotes a positive welcome for all children and an ethos that says ‘can do.’ Staff have developed skills in making reasonable adjustments for children with autistic spectrum disorders (ASD), attention deficit hyperactive disorder (ADHD), hearing and other impairments. Links with the Footsteps early intervention ASD team, the Portage team and the hearing impairment team have been crucial to the development of staff skills, but the starting point is the Centre’s commitment to welcoming all children. Recognising that more detailed planning is needed to achieve inclusion, summer scheme provision and term-time clubs in Bradford have specifically targeted disabled children and children with complex health needs. Schemes work closely with care, education and health services to establish safe protocols that promote the child’s engagement on activities. Parents are involved so that the protocols reflect their preferences. The summer schemes were developed in response to parental demand and places have increased

41. Extending Inclusion :Solutions Torbay has developed ‘holiday buddy scheme’. This brings together children aged 5 –12 attending the local mainstream playschemes with children attending the ‘special needs playscheme,’ in preparation for all the children attending the same playschemes.

42. Extending Inclusion Staffing A mother told us that her son has an autistic spectrum disorder. He travels from a special school to after school provision at a mainstream school near his home. The after school provision has an additional member of staff to support a number of disabled children who attend the provision. On arrival, the boy is greeted by the member of staff, who stays with him until he has settled in and is clear about the activities available that evening. The member of staff then gradually steps back as the boy joins in his chosen activity. Extended day provision, run by a voluntary organisation, has enhanced staffing to reflect the high number of disabled pupils who attend. Many children who attend do need individual support at times during the session, some need it throughout. The provision operates a key worker system, but this does not mean that it is the key worker who spends the session with a particular child. This approach means that all staff work with all children and, in the event of staff absence, there is no question about the attendance of an individual child.

43. Extending Inclusion: Training, staff development and support There are layers of skill and expertise that contribute to the inclusion of disabled children. There are: ■ skills that staff draw on all the time, for example: observation, behaviour management, inclusive play, working with parents. These are skills that staff draw on in their work with all children, but more so for disabled children; ■ more specific skills that some staff need and draw on from time to time, for example: alternative methods of communication, moving and handling; ■ individual techniques for use with particular children, for example: the administration of a particular medicine, a particular method of communication or a particular feeding technique. Brighton Voluntary Organisation ‘extratime’ runs extended day provision and trains all its staff in some core areas, including: child protection; lifting and handling; a range of aspects of inclusive play: planning, observation, team work, disability awareness; general approaches to behaviour management; communication methods; working with parents and carers; key working. More detailed training is then provided on particular aspects. Depending on the children and young people attending the provision, this might be in the administration of particular medication, the use of particular communication methods, a particular approach to preventing or managing challenging behaviour.

44. Solutions Transport & Finance The London Borough of Tower Hamlets runs an award- winning independent travel training scheme for children with special educational needs. Individual programmes are devised and, after training, many children are able to travel to school independently either by walking or by using public transport. In two years the scheme has trained over 100 children. St Chads is commissioned to provide before- and after school care in Gateshead. These services are fully inclusive and disabled children with a range of needs use them. One service offered is a walking bus from the centre to local primary schools at the start and end of the school day. Enfield considers that there is no one single solution to the transport challenge. It has set up a ‘Transport Solutions Group’ to identify a range of transport solutions for young disabled people A pilot project will provide young people with transport to a choice of activities, including a trip to Covent Garden, a shopping trip, going to a football match and a trip to the cinema. • 2008-11- £265 million extended schools subsidy scheme, to ensure that children from disadvantaged families can access the full range of extended services. Within this group there are many disabled children. • 2008-11- 4 billion Children’s Centres • 2008-9 -£5.1 billion SEN in schools • Several authorities are holding a small part of their funding for extended services in order to provide targeted help for inclusion. In some authorities this money is used to fund special toys or equipment and human resources. In one authority 72% of this inclusion money is allocated to the 1:1 support for individual children. In another, the entire ‘inclusion budget’ is allocated to individual support.